Common use of Studies Clause in Contracts

Studies. A review of the plans and projects manual for the Building, as updated, revealed that there should not by any asbestos within the base building when built in accordance with such plans and project manual (hereinafter called the "HAZARDOUS SUBSTANCE SURVEYS"). Landlord makes no representations or warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Surveys, including, without limitation, the contents, accuracy and/or scope thereof [Landlord having informed Tenant that said Hazardous Substance Surveys are not comprehensive surveys for all forms of hazardous or toxic materials, including, but not limited to, asbestos containing materials, or actual field inspections of the Building therefor, and cannot be relied upon as a representation that there are no hazardous or toxic materials at the Premises or Building, whether addressed therein or not], or (ii) the presence or absence of toxic or hazardous materials in, at, or under the Premises or the Building. Tenant: (x) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance Surveys, the same having been provided for informational purposes only; and (y) acknowledges that Tenant will make or has made such studies and investigations, will conduct or has conducted such tests and surveys, and will engage or has engaged such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials ("ENVIRONMENTAL TESTS"), which shall be permitted only following prior written notice to and coordination with Landlord. Further, Tenant shall furnish Landlord with a complete and legible copy of any such resulting study, report, test, survey or investigation and shall fully restore all areas and improvements where samples were taken or work performed and repair all damage resulting from any of the same and shall indemnify and hold harmless from and against all claims, actions, liabilities, damages, losses, injuries or deaths in connection with or arising out of or from any Environmental Tests or similar or dissimilar activity conducted by Tenant, Tenant's agents or contractors at the Premises or the Building, whether under this provision or otherwise under or in connection with this Lease.

Studies. A review Tenant acknowledges receipt of the plans and projects manual for the Buildinga copy of that certain Environmental Site Assessment 11.5 Acre Parcel Southeast Corner of Xxx Xxxxx xxx Xxx Xxxxx Xxx., as updatedXxx Xxxxx, revealed that there should not Xxxxxxxxxx 00000 dated May 20, 1998 prepared by any asbestos within the base building when built in accordance with such plans and project manual Xxxxxxx Xxxxxx Associates (hereinafter called the "HAZARDOUS SUBSTANCE SURVEYS"collectively, “Hazardous Substance Reports”). Landlord Landlord, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Surveys, Reports (including, without limitation, the contents, contents and/or accuracy and/or scope thereof [Landlord having informed Tenant that said Hazardous Substance Surveys are not comprehensive surveys for all forms of hazardous or toxic materials, including, but not limited to, asbestos containing materials, or actual field inspections of the Building therefor, and cannot be relied upon as a representation that there are no hazardous or toxic materials at the Premises or Building, whether addressed therein or not], thereof); or (ii) the presence or absence of toxic or hazardous materials Hazardous Materials in, at, or under the Premises, the Building or the Project. Landlord does acknowledge to Tenant that: (i) Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the BuildingBuilding other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, Tenant: (xa) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance Surveys, the same having been provided for informational purposes onlyReports; and (yb) acknowledges that Tenant will shall make or has made such studies and investigations, will conduct or has conducted such tests and surveys, and will engage or has engaged such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials ("ENVIRONMENTAL TESTS"), which shall be permitted only following prior written notice to and coordination with Landlordmaterials. Further, Tenant shall furnish Landlord with a complete and legible copy of any such resulting study, report, test, survey or investigation and shall fully restore all areas and improvements where samples were taken or work performed and repair all damage resulting from any of the same and shall indemnify and hold harmless from and against all claims, actions, liabilities, damages, losses, injuries or deaths in In connection with any inspections or arising out of or from any Environmental Tests or similar or dissimilar activity tests to be conducted by Tenant, Tenant's agents or contractors Tenant at the Premises or the Building, whether under this provision Tenant shall first notify Landlord of each proposed inspection or otherwise under or in connection with this Leasetest and the scope, impact, and intent thereof and obtain Landlord’s written consent to perform the same. Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection.

Studies. A review Lessee acknowledges receipt of the plans a copy of that certain Soil and projects manual for the BuildingGround Water Investigation, as updatedFormer Best Foods Facility, revealed Santa Fe Springs, California dated June 10, 1996 prepared by Xxxxxxx Xxxxxx Associates, and that there should not certain Environmental Site Assessment, Mid Counties Business Park, 15700 and 00000 Xxxxxxxxx Avenue, Santa Fe Springs, California dated June 11, 1996, prepared by any asbestos within the base building when built in accordance with such plans and project manual Xxxxxxx Xxxxxx Associates (hereinafter called the collectively, "HAZARDOUS SUBSTANCE SURVEYSHazardous Substance Reports"). Landlord Lessor, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Tenant Lessee regarding: (i) the Hazardous Substance Surveys, Reports (including, without limitation, the contents, contents and/or accuracy and/or scope thereof [Landlord having informed Tenant that said Hazardous Substance Surveys are not comprehensive surveys for all forms of hazardous or toxic materials, including, but not limited to, asbestos containing materials, or actual field inspections of the Building therefor, and cannot be relied upon as a representation that there are no hazardous or toxic materials at the Premises or Building, whether addressed therein or not], thereof) or (ii) the presence or absence of toxic or hazardous materials Hazardous Materials in, at, or under the Premises, the Building or the Industrial Center. Lessor does acknowledge to Lessee that: (i) Lessor has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Lessor does not know of any surveys for toxic or Hazardous Materials at the Premises or the BuildingBuilding other than the Hazardous Substance Reports. TenantNotwithstanding the preceding sentence, Lessee: (xa) shall not rely on and Tenant Lessee hereby represents to Landlord Lessor that it has not relied on the Hazardous Substance Surveys, the same having been provided for informational purposes onlyReports; and (yb) acknowledges that Tenant will shall make or has made such studies and investigations, will conduct or has conducted such tests and surveys, and will engage or has engaged such specialists as Tenant Lessee deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials ("ENVIRONMENTAL TESTS"), which shall be permitted only following prior written notice to and coordination with Landlordmaterials. Further, Tenant shall furnish Landlord with a complete and legible copy of any such resulting study, report, test, survey or investigation and shall fully restore all areas and improvements where samples were taken or work performed and repair all damage resulting from any of the same and shall indemnify and hold harmless from and against all claims, actions, liabilities, damages, losses, injuries or deaths in In connection with any inspections or arising out of or from any Environmental Tests or similar or dissimilar activity tests to be conducted by Tenant, Tenant's agents or contractors Lessee at the Premises or Building, Lessee shall first notify Lessor of each proposed inspection or test and the scope, impact, and intent thereof and obtain Lessor's written consent to perform the same. Lessee shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Lessor with true and complete copies of any survey or report obtained by or for the benefit of Lessee in connection with hazardous or toxic materials that concern the Building, whether under this provision the Industrial Center or otherwise under or in connection with this Leasethe Premises.

Studies. A review Lessee acknowledges receipt of the plans a copy of those ------- certain Phase I Environmental Site Assessment Update, Ardenwood Technology Park, 00000 Xxxxxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxxxx, dated September 20, 1999, prepared by ATC Associates, (Project No. 75.81075.0002) and projects manual for the Building, as updated, revealed that there should not by any asbestos within the base building when built in accordance with such plans and project manual prior hazardous materials studies described therein (hereinafter called the "HAZARDOUS SUBSTANCE SURVEYSHazardous Substance Surveys"). Landlord The Hazardous Substance Surveys do not indicate the presence of Hazardous Materials at the leased Premises based on the present levels or content of said Hazardous Materials in the materials sampled and tested at the Building housing the Premises, as said levels or content are presently set by the U.S. Environmental Protection Agency ("EPA") or the U.S. Occupational Safety and Health Administration ("OSHA"). Lessor has no knowledge of Hazardous Materials at the Premises or in the Building but Lessor's knowledge regarding the absence of said Hazardous Materials is limited to the Hazardous Substance Surveys. For purposes of the preceding sentence, knowledge by Lessor shall be limited to the actual knowledge of the following persons: Tig Xxxxxxx. Lessor, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Tenant Lessee regarding: (i) the Hazardous Substance Surveys, Surveys (including, without limitation, the contents, contents and/or accuracy and/or scope thereof [Landlord having informed Tenant that said Hazardous Substance Surveys are not comprehensive surveys for all forms of hazardous or toxic materials, including, but not limited to, asbestos containing materials, or actual field inspections of the Building therefor, and cannot be relied upon as a representation that there are no hazardous or toxic materials at the Premises or Building, whether addressed therein or not], thereof) or (ii) the presence or absence of toxic or hazardous materials Hazardous Materials in, at, or under the Premises, the Building or the Industrial Center. Lessor does acknowledge to Lessee that: (i) Lessor has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Surveys; (ii) Lessor does not know of any surveys for toxic or Hazardous Materials at the Premises or the BuildingBuilding other than the Hazardous Substance Surveys; and (iii) Lessor does not know of any reason that the Hazardous Substance Surveys are not true and correct. TenantNotwithstanding the preceding sentence, Lessee: (xa) shall not rely on and Tenant Lessee hereby represents to Landlord Lessor that it has not relied on the Hazardous Substance Surveys, the same having been provided for informational purposes only; and (yb) acknowledges that Tenant will shall make or has made such studies and investigations, will conduct or has conducted such tests and surveys, and will engage or has engaged such specialists as Tenant Lessee deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials ("ENVIRONMENTAL TESTS"), which shall be permitted only following prior written notice to and coordination with Landlordmaterials. Further, Tenant shall furnish Landlord with a complete and legible copy of any such resulting study, report, test, survey or investigation and shall fully restore all areas and improvements where samples were taken or work performed and repair all damage resulting from any of the same and shall indemnify and hold harmless from and against all claims, actions, liabilities, damages, losses, injuries or deaths in In connection with any inspections or arising out of or from any Environmental Tests or similar or dissimilar activity tests to be conducted by Tenant, Tenant's agents or contractors Lessee at the Premises or the Building, whether under this provision Lessee shall first notify Lessor of each proposed inspection or otherwise under test and the scope, impact, and intent thereof and obtain Lessor's written consent to perform the same. To the extent such proposed inspection or in connection with this Lease.test causes physical damage to the Premises, Lessee shall restore the Premises and

Studies. A review Tenant acknowledges receipt of a copy of the plans and projects manual for the Buildingreports described in Exhibit "J" attached hereto (collectively, as updated, revealed that there should not by any asbestos within the base building when built in accordance with such plans and project manual (hereinafter called the "HAZARDOUS SUBSTANCE SURVEYSHazardous Substance Reports"). Landlord Landlord, except as provided in the following sentence of this paragraph, makes no representations or warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Surveys, Reports (including, without limitation, the contents, contents and/or accuracy and/or scope thereof [Landlord having informed Tenant that said Hazardous Substance Surveys are not comprehensive surveys for all forms of hazardous or toxic materials, including, but not limited to, asbestos containing materials, or actual field inspections of the Building therefor, and cannot be relied upon as a representation that there are no hazardous or toxic materials at the Premises or Building, whether addressed therein or not], thereof); or (ii) the presence or absence of toxic or hazardous materials Hazardous Materials in, at, or under the Premises, the Building or any other property. Landlord does acknowledge to Tenant that: (i) Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; and (ii) Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the BuildingBuilding other than the Hazardous Substance Reports. Notwithstanding the preceding sentence, Tenant: (xa) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance Surveys, the same having been provided for informational purposes onlyReports; and (yb) acknowledges that Tenant will shall make or has made such studies and investigations, will conduct or has conducted such tests and surveys, and will engage or has engaged such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials ("ENVIRONMENTAL TESTS"), which shall be permitted only following prior written notice to and coordination with Landlordmaterials. Further, Tenant shall furnish Landlord with a complete and legible copy of any such resulting study, report, test, survey or investigation and shall fully restore all areas and improvements where samples were taken or work performed and repair all damage resulting from any of the same and shall indemnify and hold harmless from and against all claims, actions, liabilities, damages, losses, injuries or deaths in In connection with any inspections or arising out of or from any Environmental Tests or similar or dissimilar activity tests to be conducted by Tenant, Tenant's agents or contractors Tenant at the Premises or the Building, whether under this provision Tenant shall first notify Landlord of each proposed inspection or otherwise under test and the scope, impact, and intent thereof and obtain Landlord's written consent to perform the same. Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection and will provide Landlord with true and complete copies of any survey or report obtained by or for the benefit of Tenant in connection with this Leasehazardous or toxic materials that concern the Building or the Premises.

Studies. A review Tenant acknowledges receipt of the plans a copy of that certain Final Environmental Site Assessment Cascades Business Park Lots 3, 4 and projects manual for the Building00-00, as updatedXxxxxx, revealed that there should not Xxxxxxxxxx dated July 23, 1999 and prepared by any asbestos within the base building when built in accordance with such plans Xxxxxxx Xxxxxx Associates and project manual Environmental Site Assessment Update dated August 7, 2001, prepared by Xxxxxxx ESE (hereinafter called the collectively, "HAZARDOUS SUBSTANCE SURVEYSHazardous Substance Reports"). Landlord Landlord, except as provided in the following sentence of this paragraph, makes no representations or <PAGE> -68- warranties whatsoever to Tenant regarding: (i) the Hazardous Substance Surveys, Reports (including, without limitation, the contents, contents and/or accuracy and/or scope thereof [Landlord having informed Tenant that said Hazardous Substance Surveys are not comprehensive surveys for all forms of hazardous or toxic materials, including, but not limited to, asbestos containing materials, or actual field inspections of the Building therefor, and cannot be relied upon as a representation that there are no hazardous or toxic materials at the Premises or Building, whether addressed therein or not], thereof); or (ii) the presence or absence of toxic or hazardous materials Hazardous Materials in, at, or under the Premises, the Building or the Industrial Center. Landlord does state to Tenant that: (i) Landlord has not authorized any other studies for hazardous or toxic materials at the Premises or Building other than the Hazardous Substance Reports; (ii) Landlord does not know of any surveys for toxic or Hazardous Materials at the Premises or the BuildingBuilding other than the Hazardous Substance Reports, and (iii) to Landlord's knowledge, the Hazardous Substances Reports delivered are true and complete copies of the original Hazardous Substances Reports. Notwithstanding the preceding sentence, Tenant: (xa) shall not rely on and Tenant hereby represents to Landlord that it has not relied on the Hazardous Substance Surveys, the same having been provided for informational purposes onlyReports; and (yb) acknowledges that Tenant will shall make or has made such studies and investigations, will conduct or has conducted such tests and surveys, and will engage or has engaged such specialists as Tenant deems appropriate to fairly evaluate the Premises and any risks from hazardous or toxic materials ("ENVIRONMENTAL TESTS"), which shall be permitted only following prior written notice to and coordination with Landlordmaterials. Further, Tenant shall furnish Landlord with a complete and legible copy of any such resulting study, report, test, survey or investigation and shall fully restore all areas and improvements where samples were taken or work performed and repair all damage resulting from any of the same and shall indemnify and hold harmless from and against all claims, actions, liabilities, damages, losses, injuries or deaths in In connection with any inspections or arising out of or from any Environmental Tests or similar or dissimilar activity tests to be conducted by Tenant, Tenant's agents or contractors Tenant at the Premises or the Building, whether under Tenant shall first notify Landlord of each proposed inspection or test and the scope, impact, and intent thereof and obtain Landlord's written consent to perform the same. Tenant shall restore the Premises and the property on which the leased premises are located to the condition existing immediately prior to any such test and/or inspection. Tenant may, at Tenant's sole cost and expense, obtain non-intrusive Phase I Environmental Report in accordance with the most recent ASTM Standards from a reputable environmental consultant (the "Updated Reports"). Landlord agrees to provide Tenant's environmental consultant with access to the Premises for purposes of preparing its Updated Reports and otherwise reasonably cooperate with that environmental consultant at no cost to Landlord; provided that in no event shall Landlord be obligated to make any representation or warranty or other statement as to the presence or absence of Hazardous Materials at the Industrial Center. In the event Tenant obtains the Updated Reports, then Tenant may elect at any time within thirty (30) days after the date of this provision or otherwise under or Lease to terminate this Lease based on Tenant's review of the Updated Reports. No delay in connection with obtaining the Updated Reports shall extend to that thirty (30) day period. Tenant shall not have the right to terminate the Lease pursuant to this LeaseParagraph 47.6 if it elects to obtain a report other than the Updated Reports.